HENDERSON_COMPLETE FILE - HISTORICAL_20030227

'STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000
DOC TYPE
0 COMPLETE FILE - HISTORICAL
MOST RECENT
DATE-
❑ V 0 5
YYYYMMDD

W A rfiRp�
_ u o
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Mr. David E. Nicholson
'Henderson County Manager
Henderson County
100 North Main Street
Hendersonville, North Carolina 28792-5097
Mr. David E. Nicholson:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 27, 2003
Subject: NPDES Phase II Stormwater
Non -ownership 1 non -operator certification
P2CERT-0003
Henderson County
The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your form
SWU-266: Stormwater non -ownership 1 non -operation certification on February 6, 2003.
Please be advised that this certification is accepted based wholly upon your evaluation. Division staff has not visited
your facilities to obtain independent verification. Discharging stormwater from a small municipal separate storm
sewer system covered by this program to the waters of the state without a valid NPDES permit will subject the
responsible party to a civil penalty up to $25,000 a day.
The Division encourages you to continue to keep abreast of the permanent rulemaking process associated with the
NPDES Stormwater Discharge Program. The final North Carolina permanent rules as currently proposed would
rely on factors other than ownership and operation to determine which public bodies need to seek permit coverage.
It is possible that your jurisdictional area will be subject to stormwater permit coverage once the permanent rules are
finalized. The Environmental Management Commission approved taking draft permanent rule language to public
notice and public hearing at their February 13, 2003 meeting. The public hearings will be held during the month of
April and you are encouraged to continue participating in the process.
Note that this certification does not affect the legal requirement to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management
Act, or any other Federal or Local government.
If you have any questions concerning this letter, please contact Mr. Darren England at telephone number (919) 733-
5083, extension 545.
Sincerely,
Bradley Bennett
Stormwater & General Permits Unit
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
NCDENR
Customer Service
1 800 623-7748

HENDERSON COUNTY
OFFICE' OF THE COUNTY ENGINEER
February 4, 2003
Gary 1'. Tweed, P.E.
County Engineer
Mr. Darren England
Division of Water Quality F E B - 6 2003
Stormwater & General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Ref: Stormwater Non-Ownership/Non-Operation Certification Form
Phase I I Stormwater Temporary Rules
Dear Mr. England:
Henderson County does not own or operate any storm sewer systems and has chosen not
to participate in the development of a storm water program. Enclosed is the Stormwater
Non -Ownership / Non -Operation Certification Form. Henderson County staff will
continue to follow the development of the permanent rules currently under review.
The certification is being; submitted in accordance with the temporary rules to meet the
March 10, 2003 deadline. Should there be any questions, please do not hesitate to contact
my office at 828-698-5115.
Si4T.
rl
Ged, P. E.
County Engineer
cc David Nicholson
802 Stoney Mountain Road - Hendersonville, North Carolina 28791 • (828) 698-51 l5 • FAX: [phone]

.x►.� F-r► P /
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd 7--4.-4-D3
BIMS
Cert. Number LrLr-o��3
STORMWATER NON -OWNERSHIP 1 NON -OPERATION CERTIFICATION FORM
This form is for use by Regulated Public Entities (RPE), pursuant to Title 15A North Carol' dministrative Code
2H .0126, to certify that they do not own or operate a small MS4. O
I. APPLICANT STATUS INFORMATION Cy
Name of Regulated Public Entity
Henderson County
F4
Status (federal, state, public, or
Local Government
5*Z'
other
Type of Public Entity (city, town,
County
pG
county, prison, school etc.)FB�gt��
County(s)
Henderson
RPE Jurisdictional Area in square
353
miles
II. OPTIONAL PERMITTING OPPORTUNITIES
Are you exercising your option to apply for a NPDES Stormwater Discharge
Permit? If yes, submit this form along with a complete application package (Form
❑ Yes ® No
SWU-264 and a Comprehensive Stormwater Management Program Report).
Are exercising your option to apply for Permit by Rule status? If yes, submit this
❑ Yes ® No
form along with a completed form SWU-267
III. SIGNING OFFICIAL`S STATEMENT
I certify, under penalty of law, that the Regulated Public Body listed in Section I of this document does not
currently own or operate a small municipal separate storm sewer system, as defined in 40 CFR 122. I further
certify that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signaturen>
1 /
Print Name
Grady Hawkins
Title
Chairman, Henderson County Board of Commissioners
Street Address
101 North King Street
PO Sox
City
Hendersonville
State
North Carolina
Zip
28792
Telephone
828-697-4808
Fax
828-698-6014
E-Mail
[e-mail]
SWU-266-103102

m

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
1 1/6/2002
HE-NDERSON COUNTY
MR. DAVID E. NICHOLSON , I-IENDERSON COUNTY MANAGI3R
100 NORTH MAIN SIRE-E-T
FIENDERSONVILLE , NC 28792-5097
Subject: NPDES Phase 11 Stormwater Program
Mr. David E. Nicholson:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDIaS) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4.,;) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is
the next step in EPA*s effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators oi' small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase I1 Final Rule requires nationwide coverage of all operators of small MS4,,; that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that Henderson County has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that Henderson County does not own or operate a small MS4. The deadline for submitting
your application package or non -ownership certification is March 10, 2003. Application and certification documents, as
well as additional information on the NPDES stormwater program, are available for download at our web site . Our web
address is htip://h2o.enr.st ite.nc.us/sti/stormwater.htm1. You may also contact us for hard copies of the documents. It
You have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or- Darren England
(919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
ern
NCDENR
N, C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1-800-623-7748